CHICAGO (AP) — A Chicago man accused of binding his 22-month-old daughter with tape and posting a picture on Facebook with a caption that read, "This is wut happens wen my baby hits me back," was convicted Thursday of battery charges.
Andre Curry, 22, was found guilty by a judge following a bench trial of aggravated domestic battery and aggravated battery. He faces a sentence ranging from probation to 7 years in prison.
The girl's mother and Curry's lawyer said the father was merely having fun with the child. But the judge disagreed and criticized Curry for obstructing his child's breathing for his own enjoyment.
"To use a child … as a toy or a prop in an odd attempt at humor is conduct of an insulting or provoking nature," Cook County Circuit Judge Lawrence Flood said.
The posting on Facebook showed the girl's wrists, ankles and mouth bound with tape.
Curry, who did not testify in his own defense, has said he and his daughter were playing on Dec. 13 and that he took the photo without thinking. His attorney, Sam Adam Jr., argued that the child was never in danger.
Curry's sister, Annastasia Curry, testified that she was cooking dinner and could hear Curry and her niece laughing in the living room. She said that when she went out to check on them, she saw the child covered with tape.
Curry, who has been described as a good father by the child's mother, refused comment as he left court following the verdict. But his attorney said, "he's devastated."
Adam said his client may have made a "stupid mistake" but shouldn't have been charged under a law that is intended for people who beat their wives and children. The attorney noted that all the prosecution's witnesses, including a detective, described the girl as smiling and playing just hours after she was taped for less than a minute.
Adam vowed to appeal.
"We have to look at the equity of the situation," Adam said. "How is he now supposed to provide for the child? He's gonna be a convicted felon. You know what it's like in this country to be a black man with a felony on your background? Who's gonna hire him?"
Flood acquitted Curry of unlawful restraint after a bench trial last month, but said he wanted to study the law further before making a decision on the more serious battery charges.
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This Week’s Celebrity Instagrams (11/26-12/2)
30 photos Launch gallery
1. Little Legend and Puddy 😍😍😍😍
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2. "You on point Phife?" "all the time,Tip". 💥 #bannedfromnormal
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3. Vegan! The Impossible burger at Crossroads
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4. Lawrence #BeforeandAfterEpisodes 1-4: 184lbs 13% body fatEpisode 8: 196lbs 8% body fat S/O @coachdaveboxing with the works outs and @kildareriordan with the nutrition
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5. Jus haaaanngin out
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6. Meanwhile back at home in Atlanta GA someone mad they not on the 🛳. 😳
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7. No limits... Photo cred: Chris Bridges @ludacris
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8. new new
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9. Apparently my 260lbs is too much for the actual vines in the Hawaiian jungles to hold me without breaking and me falling hundreds of feet. So for safety purposes, I'm forced to swing thru #Jumanjj on wires strong enough to hold 12 adult buffaloes and 1 adult Rock. #OnSet #Jumanji #IronicallyIEatBuffaloDailyForLunch #MoreManThanNatureKnowsWhatToDoWith
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10. hey ma! 🎎#wcw 💙
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11. Surprise visit to our factories!!! #GoodAmerican #USA
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13. Peachy Keen 🔥✨⚡️
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14. If this don't look thankful I don't know what does. Happy Thanksgiving to you and yours. #UltraBlessed #24kMagic #SweetPotatoFly
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15. Late nights @nbcmarlon with the writers... we in here!!!
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16. There goes my baaaaaaaaabbbbyyyyy #QueenKingMagic!!! We're up to something! Ira BIG!!! Stay out our buisness -
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17. You want to win every game you play but when you come home to these faces... who cares. #ILoveYouGirls best part of my day, everyday!
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18. Steady,steady..... full size jenga.. "I got this one "???? Or do I ?
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19. Cornrows kind of day 😉@dontaysavoy2 you convinced me and I love. ❤️️
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20. #BrotherlyLove #tbt
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22. #basel #TeamLOVE @kingcombs
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23. Just introduced a special screening of @directher 's groundbreaking (must see) documentary @13thfilm with my brother @themichaelealy | @unitedblackout #blackoutblackfriday
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24. Me & Vanessa Williams giving #DuckLips #Pose on the set of #DaytimeDivas @vh1 - Coming Soon to a tv near you. Lol. - My make up done by @makeupsurgeon
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25. This picture just makes me wanna praise the Lord, you hear me!!!!!! Yes Lord brotha #TEDDYCAMPBELL What a #man !!! You are everything right on this picture husband ......... #gorgeous #stylish #classy #strong #masculine #king #sexy #debonair #gentlemenstyle And that #bible in your hand just seals the deal for me (probably cause i know that, that is what helped you become just as amazing as you look😘). While my heart and mind experiences the goodness of God at #church on Sundays, my eyes experiences the goodness of Teddy😍. Amen somebody🙌🏽. "Bless the Lord oh my soul and all that is within me bless his holy name" #myman #myhusband #goodman #blackman #dapperman #godlyman #goodfather #mybestfriend
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26. Yesterday was my mama's 53rd birthday!!!!! Got to celebrate with her all day. If this is what I have to look forward to I can't wait. Looking like a soft bucket a cocoa butter. Yaaaaaaaaaas! 😍😍😍 love you mommy!
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27. "Shout out to @PureAtlanta for getting the family right"....I'm loving this jogger. 😍😍
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28. This pic warms my heart ❤️ #myLogiebeans and aunt aunt umba @itowandabraxton 😘
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29. You will always be my baby😜. #HappyBirthdayReginae #mybaby18
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30. GC "Gods Child" Red on Red SweatSuit available now at www.MonicaApparel.com ... Take Your Crown wherever you go!! I'm pictured in a Medium... Go to the site now for other options ... cc: @trukernell
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